The Equality and Human
Rights Commission (EHRC) is a statutory body established under the
Equality Act 2010. It operates independently to encourage equality
and diversity, eliminate unlawful discrimination, and protect and
promote human rights. The Commission enforces equality legislation
on age, disability, gender reassignment, marriage and civil
partnership, pregnancy and maternity, race, religion or belief, sex
and sexual orientation. It encourages compliance with the Human
Rights Act 1998 and is accredited at the UN level as an ‘A
status’ National Human Rights Institution in recognition of
its independence, powers and performance.

The Commission in Wales
ensures that the EHRC’s policy-making in Great Britain
reflects the needs of Wales and delivers our programme of work in
Wales.

1.2Scope
of our response

We would like to take
this opportunity to provide information on why we believe that
Human Rights education (HRE) should be fully integrated into the
new curriculum in Wales.

1.3Our role & duties

The Commission has duties
under international and domestic human rights instruments to take
on a key role in promoting human rights education.

We have duties under the
Equality Act 2006 to:

·promote
understanding of the importance of human rights.

·promote
awareness, understanding and protection of human rights.

Furthermore, as a
National Human Rights Institution (NHRI), the Commission has a
responsibility under the Paris Principles to:

·Assist in the
formulation of programmes for the teaching of human rights and to
take part in their execution in schools.

·Publicise
human rights and efforts to combat all forms of discrimination, in
particular racial discrimination, by increasing public awareness,
especially through information and education

The Commission believes
that in order to advance conditions for a more equal and
rights-respecting Wales, that ways to tackle prejudice are better
understood and good relations are promoted, particularly through
the education system.

1.4The
issue

There are a number of
barriers to the fulfilment of children’s rights in the UK, as
highlighted in the Commission’s submission to the United
Nations Committee on the Rights of the Child (UN CRC) in April
2016. Gaps in educational attainment for pupils with some
protected characteristics; identity-based and sexualised bullying,
abuse and harassment; and mental ill-health are all areas of
particular concern for the Commission. Enhanced HRE – both
within the curriculum and the whole-school environment – can
encourage children to identify and report abuse, challenge
discrimination and prejudice, and make better-informed decisions
about their lives.

Research for the
Commission has also highlighted that young people between the ages
of 18 and 25 are less likely to report a high level of
understanding of human rights and face barriers to engaging with
democratic processes such as standing for elected
office.

Comprehensive HRE in
schools can provide learning that extends well beyond the
classroom, by encouraging a generation of engaged and
rights-respecting citizens. At a time of significant constitutional
change as the UK leaves the European Union, it is vital that we
work to safeguard and enhance our domestic framework for promoting
and protecting rights, including by promoting understanding of the
importance of human rights in line with our statutory
duties.

1.5
The National and International context

Providing human rights
education in schools fulfils Wales’ international and
domestic human rights commitments. At the international level these
commitments are detailed in:

·Article
26 of the Universal Declaration of Human Rights

·Articles
4,29 and 42 of the UNCRC; and

·Article
13 of the International Covenant on Economic, Social and Cultural
Rights

At the national
level:

·The
Rights of the Child and Young Person’s (Wales) Measure 2011
partially incorporates the UNCRC into Welsh domestic law and makes
provision for Welsh Government to give further effect to
children’s rights in Wales:

Section 1 of the Measure
places a duty on Welsh Ministers to pay due regard to the UNCRC
when exercising their functions. Therefore in reforming the school
curriculum, WG is obliged to meaningfully consider how
children’s rights can be given further effect inside this
policy change

Section 5 of the Measure
places a duty on Welsh Ministers to take steps to promote knowledge
and understanding amongst the public (including children) of the
Convention

·The
Wellbeing of Future Generations (Wales) Act 2015 places a duty on
Welsh Government to take steps that maximise its contribution to
meeting its national and international commitments to creating a
globally responsible Wales.

The Commission considers
that all primary and secondary schools in Wales should teach about
human rights. Human rights should be a compulsory topic in primary
and secondary school education, with coverage in all relevant parts
of the school curriculum, in particular citizenship education,
personal, social, health and economic (PSHE) education, and
sexuality and relationships education (SRE). These subjects should
be made statutory so that all children can learn about and directly
engage with their own rights and the rights of others, as part of
the curriculum.

Pupils should be taught
about the protections that exist in international and domestic law
to equip them with the information they need to survive and thrive.
For instance, teaching about the right to privacy and bodily
integrity can give provide information on how to identify sexual
abuse and get help, while teaching about the right to the highest
attainable standard of mental health can help tackle poor mental
health outcomes by providing space to discuss mental health issues
and an opportunity to seek support for themselves and
others.

Evidence also suggests
that rooting HRE more firmly in the context of the CRC (through
explicit teaching of children’s human rights) creates a safe
place for students to explore, discuss, challenge and form their
own opinions and values. When children took part in exercises
related to child rights, they were better able to discuss rights in
connection with their relationships; understand that
consensus-based decision-making involves listening to others; and
better express their reasoning for behaviour.

The Commission considers
that guidance for schools should be updated to ensure that teachers
understand (and receive adequate training on) how to address human
rights issues comprehensively in the curriculum.

Explicit teaching about
human rights, including how protection from discrimination is
guaranteed in the Equality Act 2010, can also help schools and the
DfE fulfil their public sector equality duty (PSED) obligations.
The PSED requires schools to have due regard to eliminating
discrimination, advancing equality of opportunity and fostering
good relations between people who share a protected characteristic
and people who do not, when carrying out their activities. Evidence
suggests that teaching about diversity can foster good relations by
challenging stereotypes and working towards ending discrimination
and harassment.